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VHAPM Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

VHAPM Part 813.106 Original Date: 08/30/17 Revision 02 Eff Date: 03/31/2020

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

The product is being requested to fill prescriptions where the Physician specifically requested this brand for the veteran. Within the Veterans Health Administration brand name drugs and medical surgical (MedSurg) products may be prescribed by physicians when in their clinical judgment the brand name drug/MedSurg will provide a better therapeutic outcome for patients. Brand name drugs and MedSurg are requested when there is a clinical requirement for the drug/product or there is history of clinical requirements for the drug/product and inventory must be maintained to meet anticipated requirements. Prescriptions are entered as DAW or Dispense as Written meaning the pharmacy is not allowed to substitute any other brand for the prescription but can only fill prescription with the brand that was ordered by the Physician. The site is not requesting purchase from any certain vendor. Multiple vendors offer these items.

4. Description of market research conducted and results or statement why it was not conducted:

• Because the Government is not allowed to do business using Wholesale Trade or Retail Trade NAICS codes, searches must be conducted using manufacturer NAICS codes.

• Market research was conducted through Vet Biz under NAICS 325413(In-Vitro Diagnostic Substance Manufacturing).

• This search resulted in 2 or more SDVOSB companies doing business using this NAICS code.

• Despite these results, there are no known SDVOSB, VOSB, HUBZone, 8(a), or small business organizations that manufacture the items required for this procurement.

• Because the Non-Manufacturer Rule (NMR) and the Limitations on Subcontracting (LOS) clause apply to all SD/VOSB set asides (and sole sources) regardless of the dollar value, a SD/VOSB set-aside is not feasible.

• Due to the urgency and risk to patient safety we do not have time to request and receive approval for a NMR waiver to set-aside for SDVOSB’s.

• Based on this research and policy, the VA Rule of Two cannot be met to set the procurement aside for a socioeconomic subcategory of small business.

• Based on the exception to the NMR for acquisitions under $250K, a small business set-aside is feasible.

• Contracting Officer will be using a(n) Open Market procurement vehicle, to a(n) SMALL BUSINESS Vendor.